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Telecoms & Media 2021 Telecoms & Media 2021 Telecoms Telecoms & Media 2021 Contributing editors Alexander Brown and David Trapp © Law Business Research 2021 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Telecoms & Media [email protected] Senior business development manager Adam Sargent 2021 [email protected] Published by Law Business Research Ltd Contributing editors Meridian House, 34-35 Farringdon Street London, EC4A 4HL, UK Alexander Brown and David Trapp The information provided in this publication Simmons & Simmons LLP is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. This information is not intended to create, nor does receipt of it constitute, a lawyer– Lexology Getting The Deal Through is delighted to publish the 22nd edition of Telecoms & Media, client relationship. The publishers and which is available in print and online at www.lexology.com/gtdt. authors accept no responsibility for any Lexology Getting The Deal Through provides international expert analysis in key areas of acts or omissions contained herein. The law, practice and regulation for corporate counsel, cross-border legal practitioners, and company information provided was verified between directors and officers. May and June 2021. Be advised that this is Throughout this edition, and following the unique Lexology Getting The Deal Through format, a developing area. the same key questions are answered by leading practitioners in each of the jurisdictions featured. Lexology Getting The Deal Through titles are published annually in print. Please ensure you © Law Business Research Ltd 2021 are referring to the latest edition or to the online version at www.lexology.com/gtdt. No photocopying without a CLA licence. Every effort has been made to cover all matters of concern to readers. However, specific First published 2000 legal advice should always be sought from experienced local advisers. Twenty-second edition Lexology Getting The Deal Through gratefully acknowledges the efforts of all the contri- ISBN 978-1-83862-728-7 butors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editors, Alexander Brown and David Trapp of Simmons & Simmons LLP, Printed and distributed by for their continued assistance with this volume. Encompass Print Solutions Tel: 0844 2480 112 London June 2021 Reproduced with permission from Law Business Research Ltd This article was first published in July 2021 For further information please contact [email protected] www.lexology.com/gtdt 1 © Law Business Research 2021 Contents Introduction 3 Philippines 103 Alexander Brown and David Trapp Rose Marie M King-Dominguez, Miguel Franco T Dimayacyac and Simmons & Simmons LLP Leo Francis F Abot SyCip Salazar Hernandez & Gatmaitan Brazil 4 Mauricio Vedovato and Daniela Maria Maria Rosa Nascimento Portugal 109 Huck Otranto Camargo Advogados Nuno Peres Alves and Mara Rupia Lopes Morais Leitão, Galvão Teles, Soares da Silva & Associados China 11 Jingyuan Shi, Ryo Lu and Jenny Liu Russia 118 Simmons & Simmons LLP Anastasia Dergacheva, Ksenia Andreeva, Anastasia Kiseleva, Kamil Sitdikov and Alena Neskoromyuk Egypt 21 Morgan, Lewis & Bockius LLP Mohamed Hashish and Farida Rezk Soliman, Hashish & Partners Singapore 127 Lim Chong Kin European Union 28 Drew & Napier LLC Anne Baudequin, Christopher Götz and Martin Gramsch Simmons & Simmons LLP South Korea 141 Ji Yeon Park, Juho Yoon and Kwang Hyun Ryoo Greece 46 Bae, Kim & Lee LLC Dina Th Kouvelou, Nikos Th Nikolinakos and Alexis N Spyropoulos Nikolinakos & Partners Law Firm Switzerland 149 Mario Strebel and Fabian Koch Ireland 56 CORE Attorneys Ltd Helen Kelly, Simon Shinkwin and Kate McKenna Matheson Taiwan 158 Robert C Lee and Sharon Liu Italy 67 Yangming Partners Alessandra Bianchi Simmons & Simmons LLP Turkey 164 Cigdem Ayozger Ongun, Volkan Akbas and Selin Cetin Japan 76 SRP Legal Atsushi Igarashi, Takuya Yamago, Koshi Okabe and Yukito Nagaoka TMI Associates United Arab Emirates 175 Raza Rizvi Mexico 84 Simmons & Simmons LLP Julián Garza and Paulina Bracamontes B Nader Hayaux & Goebel United Kingdom 182 Alexander Brown and David Trapp Nigeria 93 Simmons & Simmons LLP Chukwuyere E Izuogu, Otome Okolo and Tamuno Atekebo Streamsowers & Köhn United States 199 Colleen Sechrest, Kent D Bressie, Michael Nilsson and Paul Caritj Harris Wiltshire Grannis LLP 2 Telecoms & Media 2021 © Law Business Research 2021 Ireland Helen Kelly, Simon Shinkwin and Kate McKenna Matheson COMMUNICATIONS POLICY Authorisation/licensing regime 2 Describe the authorisation or licensing regime. Regulatory and institutional structure 1 Summarise the regulatory framework for the communications The provision of communications services is currently subject to the sector. Do any foreign ownership restrictions apply to regime set out in the Authorisation Regulations, which confers a general communications services? right to provide an electronic communications network (ECN) or an electronic communications service (ECS) (or both) provided certain The Department of Environment, Climate Action and Communications conditions are complied with. No distinction is made as to the type of (DECC) is the relevant governmental department responsible for network or service (eg, mobile, fixed (including public Wi-Fi) or satellite). the telecoms sector and the Department of Tourism, Culture, Arts, The notification procedure for obtaining a general authorisation Gaeltacht, Sport and Media is responsible for the media sector. The can be completed on the ComReg online portal. Operators are free to telecommunications regulator is the Commission for Communications commence operations once a properly and fully completed notification Regulation (ComReg). has been received by ComReg. A notifying party is, however, immedi- Ireland has implemented the EU regulatory framework governing ately subject to the Irish regulatory regime and the conditions set out in the electronic communications sector by way of primary and secondary the general authorisation. Conditions that may be attached to a general legislation. Primary legislation consists of the Communications authorisation are set out in the schedule to the Authorisation Regulations. Regulation Acts 2002 –2016. Secondary legislation currently consists of General authorisations are unlimited in duration. No fee is payable regulations that transpose the EUframework, namely: on notification; however, an annual levy (0.2 per cent of relevant turn- • the European Communities (Electronic Communications Networks over) is payable where an operator’s relevant turnover (ie, relating and Services) (Framework) Regulations 2011 (SI 333/2011) (the to the service or network) in Ireland in the relevant financial year is Framework Regulations); €500,000 or more. • the European Communities (Electronic Communications Networks The EU Framework as transposed also governs the granting of and Services) (Access) Regulations 2011 (SI 334/2011) (the Access rights of use for numbers and radio spectrum. ComReg revised the Regulations); numbering conditions of use and application process, amalgamating the • the European Communities (Electronic Communications Networks Numbering Conventions and conditions of use to simplify the rules. and Services) (Authorisation) Regulations 2011 (SI 335/2011) (the Fixed and mobile service providers may also need to obtain a Authorisation Regulations); licence under the Wireless Telegraphy Act 1926 (as amended) in connec- • the European Communities (Electronic Communications Networks tion with the use of wireless telegraphy apparatus. Non-compliance with and Services) (Universal Service and User’s Rights) Regulations the Wireless Telegraphy Act can be prosecuted by ComReg. 2011 (SI 337/2011) (the Universal Service Regulations); and • the European Communities (Electronic Communications Networks Licensing and spectrum regime and Services) (Privacy and Electronic Communications) Regulations There are three mobile network operators in Ireland (Three Ireland, 2011 (SI 336/2011) (the Privacy Regulations). Vodafone Ireland and eir) that have been granted liberalised use licences for spectrum in the 800MHz, 900MHz and 1800MHz bands Following a review of the regulatory framework for electronic (among others). ComReg does not issue licences of indefinite duration communications, the directive establishing the European Electronic or include any implied or express right of renewal, extension or any Communications Code (EECC) entered into force in December 2018. other form of prolongation. It considers that periodic predetermined Ireland missed the deadline for implementation on 21 December 2020 re-release of spectrum is the most appropriate mechanism for the and is expected to implement the EECC into Irish law in 2021. We under- release of spectrum with an ongoing award for the release of 5G spec- stand that the DECC is currently working on finalising Irish legislation trum ongoing (and the subject of a regulatory appeal). to implement the EECC. No foreign ownership restrictions apply to communications service Flexibility in spectrum use at this time, although Ireland is expected to bring in local laws to imple- 3 Do spectrum licences generally specify the permitted use ment the EU wide Foreign Direct Investment Screening Regulation in or is permitted use (fully or partly) unrestricted? Is licensed 2021. The scope of Irish rules not yet clear.
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